Review of The Jailhouse Lawyer by Calvin Duncan and Sophie Cull Rating *****
Some of the best stories about our broken criminal justice system have been written by those who have been harmed by it. Michael Morton’s book Getting Life is one example. The story of Calvin Duncan’s wrongful conviction reveals a sad truth – from lawyers, to judges, to juries, and politicians, there are way too many incompetent and indifferent people in positions of power.
Calvin was arrested, tried, and convicted almost exclusively on the statements and identification of one eyewitness. Calvin’s family was able to scrape together enough money to hire a private attorney, but the attorney turned out to be of little help. For one, Calvin barely saw him. The day before his trial, his attorney met with him to make sure he had a suit to wear, but never asked him any questions, never went over inconsistencies in the witness identification, or helped him prepare for his trial. The attorney’s minimal communication with Calvin, lack of preparation, and his failure to challenge the eyewitness, led to a trial that lasted just one day where Calvin was sentenced to life without the possibility of parole at the age of 19.
That quick journey from arrest to conviction stands in stark contrast to the length of time it takes to right the wrong. Calvin’s brief introduction to the realities of being a poor black man in a judicial system more intent on putting him away than getting things right leads him to learning the law himself. He realizes that no one is going to come and rescue him. He is going to have to find a way out on his own.
Calvin begins by reading everything and anything dealing with the law. He eventually becomes an inmate counsel, where he is given the task of representing other inmates in post-conviction relief, appeals, and procedural motions. Calvin works on his own case while also helping other inmates draft their appeals. The prison system benefits from this system by reducing the legal workload, making sure that legal documents are prepared correctly, and smoother administrative processing of legal claims.
Still, the odds are against inmates. They face a steady stream of legal obstacles, procedural bars, and a lack of cooperation from anyone in positions of power. In Calvin’s case, he would face one denial after another. Even when he did get some outside legal help, the system is not designed to correct errors. Not only is there no motivation to do so, but there is a concerted effort to keep inmates imprisoned. investigators aren’t motivated to revisit old cases where their errors may be highlighted, the same with prosecutors who also are reluctant to reverse cases where compensation to the wrongfully convicted might be a factor, which makes no sense because any money paid would not come out of their pockets.
It would take Calvin more than 28 years to gain his freedom. Then to add insult to injury, District Attorney Leon Cannizzaro insisted that Calvin plead guilty before being sentenced to time served. By taking that action, he denied Calvin the opportunity to sue the state for taking away his freedom for such a lengthy time.
The actions of Cannizzaro and those of state officials who continue to draft laws that inhibit inmates access to legal remedies highlights their indifference. There are far too many poor people wasting away their lives due to mandatory sentencing and other unfair practices. The only way to fix it is through criminal justice reform. Calvin is doing his part. You can do your part by electing officials who recognize the problem and are willing to take the steps necessary to fix them.